Desperately need help overturning a child custody ruling out of CA. I live in AZ

[cpenn_02]

My daughter is 6 years old and lives primarily with her father in CA.  I live in AZ and fought for primary custody for 2 1/2 years and lost due to, as I was told, the technicality of residency.  Her father and I were together for 5 years, never married and did live most of the time in CA.  My permanent residence is now in AZ and has been as of 10/2005.   

The father has a felony criminal record for GTA.  His 15 year old brother molested our daughter when he was 11 and she was 2.  When we separated he harassed, stalked, and threatened me and anyone willing to help me get away from him.  At that time he left his 11 year old brother and our 2 year old daughter in a vehicle by themselves while he submitted paperwork in a building.  When he returned he found the brother with his pants down sitting in the seat with our 2 year old daughter removed from her carseat, diaper taken off and on his lap.  He called me and we met at social services in Van Nuys.  After the medical examination and several evaluations they let us know that she had indeed been molested and that from his attempt at penetration some of her vaginal tissue had been torn.  They did not give us any paperwork stating this information.  Instead they gave us an envelope of paperwork about counseling and coping.  The father then allowed me to take our daughter to AZ.

Since then, from CA he has stalked, harassed, and threatened my own as well as my family's well being.  His mother and aunt were doing the same.  He has called a school I was attending and perpetrated a police officer to gain information.  I have documentation of his harassment.  I have had to get restraining orders against all 3 of them.  He willingly admits that the molestation happened as described above.  He also willingly admits that our daughter, to this day, still spends an ample amount of time with her molester.  It was so ordered by the courts that he take our daughter to play therapy, which he hasn't done.  Our daughter spends unsupervised time with her molestor.  He moves constantly, and at one point in time moved to Las Vegas and I didn't find out until talking to my daughter, who was 5 at the time, on the phone.  He has since then moved back to CA.  I was recently informed that she has been late to school 39 times throughout the course of her first grade school year.   

Anyone with a pulse does not understand how he won primary custody.  I don't get it either.  I live in AZ and I need help.  I am a full time college student who, as a result of CA's crazy family law shenanigans, has changed my major from nursing to criminal justice.  I had to fire my attorney because they were milking me dry and not getting me any resolve whatsoever.  I was told by the judge that when I started representing myself, that was the best representation I have had thus far.  However, I am not an attorney by any means and I don't know the proper way to go about filing paperwork, proving my case, etc.  I don't have any money, as I am a victim of the souring economy, but I desperately need help.   

If anybody can guide me in the right direction it would be so greatly appreciated.  What can I do on my own?  How do I go about it?  Are there any good family law attorneys willing to take on a pro bono case?  What legal aid should I pursue?  CA has jurisdiction of the case.  I am willing to use my upcoming financial aid money to help pay for this insane custody decision to be overturned.  I think I need a change of venue.  Please help.   

[snowrose]

If you're not working, have you checked to see if you qualify for Legal Aid? 

As for pro bono attornies, the only way to find that out is to start calling around.  It's up to the attorney if they're interested enough in your case to take it on without being compensated for their time.  I know it's long distance, but if the case is in CA then you need an attorney that's in CA and knows their laws and their system backwards and forwards.

At this point, I'm not sure why you think a change of venue would help.  You would still have to do this in CA.

Good luck!

[cpenn_02]

When I say change of venue I mean a different judge.  Again, I'm not an attorney so I'm not sure of the proper verbiage.  Thanks for your time in reading and responding to my post.  I really appreciate it. 

[ocean]

It is very hard to get a new judge...you can request with your reasons why but we were told that judges will talk to each other and not like that you didnt like one of their own...might piss off the second judge,,,

[snowrose]

Cpenn, it sounds like the judge was encouraging you when he/she said you were doing better with representing yourself.  What are your reasons for considering seeking a new venue?